United States Seventh Circuit
U.S.O. Corp. v. Mizuho Holding Co., 07-3588
In a suit alleging conversion of funds from the sale of a building, where all parties were companies having their principal places of business in Japan, dismissal on forum non conveniens grounds is affirmed where: 1) any presumption in favor of plaintiff's choice of forum was not a complete obstacle to dismissal; 2) the balance of burdens on plaintiffs and defendants weighed heavily in favor of dismissing the American suit and allowing an identical suit in a Japanese court to go forward; and 3) public interest considerations weighed toward allowing Japanese courts, rather than American ones, to try the cause.
Appellate Information
- Decided 10/28/2008
- Published 10/28/2008
Judges
- POSNER, Circuit Judge., Before POSNER, RIPPLE, and EVANS, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Reid M. Figel (argued), Kellogg, Huber, Hansen, Todd, Evans & Figel, Washington, DC, for Plaintiff-Appellant.
- For Appellees:
- Yasuhiro Saito (argued), Hughes, Hubbard & Reed, New York, NY, David M. Simon, Wildman, Harrold, Allen & Dixon, Lawrence Benjamin, Neal, Gerber & Eisenberg, Chicago, IL, for Defendants-Appellees.